Iowa Burglary by Breaking and Entering is a serious crime under Iowa's laws, punishable by severe penalties. It involves unlawfully entering a building or enclosed structure with the intention to commit a theft or felony. This form of burglary is specifically characterized by gaining entry through force, such as breaking a window, picking a lock, or using other methods to bypass security measures. Burglary by Breaking and Entering is a serious offense that can have lasting consequences on individuals convicted of the crime. The state of Iowa recognizes different types of this offense, each with varying degrees of severity based on the circumstances involved. These types include: 1. First-Degree Burglary: This is the most severe form of burglary by breaking and entering in Iowa. It occurs when someone enters an occupied structure with the intent to commit a felony or serious injury. First-degree burglary is a class B felony, carrying a maximum penalty of up to 25 years in prison. 2. Second-Degree Burglary: Second-degree burglary involves entering an unoccupied structure or a non-dwelling with the intent to commit a theft or felony. This type of burglary by breaking and entering is a class C felony, punishable by up to 10 years in prison. 3. Third-Degree Burglary: Third-degree burglary encompasses entering any structure, whether occupied or unoccupied, with the intent to commit a theft or felony. This offense is classified as an aggravated misdemeanor, carrying a maximum penalty of up to 2 years in jail. It's essential to note that the seriousness of the offense and subsequent penalties can be affected by factors such as the presence of weapons, a history of previous convictions, and the value of stolen property. Aggravating factors can lead to enhanced sentences upon conviction. Law enforcement agencies and prosecutors make tackling Iowa Burglary by Breaking and Entering a priority to safeguard public safety and protect individuals and their property. Investigators work diligently to gather evidence, examine crime scenes, and identify suspects involved in such crimes. Prosecutors then initiate legal proceedings, aiming to secure convictions and hold offenders accountable. If you or someone you know is facing charges related to burglary by breaking and entering, it is crucial to consult with an experienced criminal defense attorney who can navigate the complexities of Iowa's laws and ensure the best possible outcome.
Iowa Burglary by Breaking and Entering
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As long as there is the intent to commit a crime, it can constitute burglary. There is no breaking and entering requirement. The offender may trespass through an open door. This is different from robbery, which involves the use of force or fear to obtain another person's property.
713.3 Burglary in the first degree. 1. A person commits burglary in the first degree if, while perpetrating a burglary in or upon an occupied structure in which one or more persons are present, any of the following circumstances apply: a. The person has possession of an explosive or incendiary device or material.
713.5 Burglary in the second degree. While perpetrating a burglary in or upon an occupied structure in which no persons are present, the person has possession of an explosive or incendiary device or material, or a dangerous weapon, or a bodily injury results to any person.
Burglary in the third degree is a class ?D? felony, except as provided in subsection 2. 2. Burglary in the third degree involving a burglary of an unoccupied motor vehicle or motor truck as defined in section 321.1, or a vessel defined in section 462A.
Burglary in the first degree is a class B felony and punishable by up to 25 years in prison. There is not a mandatory minimum sentence if a person is convicted of burglary in the first degree, but it is a forcible felony.
Third Degree Burglary is all other burglaries, which are class D felonies. Class D felonies are punishable up to 5 years in prison and up to $10,245 fine. An exception is a burglary of a motor vehicle or vessel, which is an aggravated misdemeanor.
Theft in the third degree: The theft of property exceeding $750 but not exceeding $1,500 in value. A person can also be convicted of third-degree theft if they have previously been convicted at least two times, even if they did not steal property exceeding $500.
First degree is the most serious, fourth degree is the least serious, and each successive degree includes the lesser degree. A fourth-degree burglary consists of breaking and entering a property, dwelling, or storehouse of another person without permission.
